Suspected wrongdoing can arise in many areas: environmental law, insider trading, tax law and accounting, to name a few.

Corporate Internal Investigations will help you act quickly to address allegations of corporate misconduct and avoid indictment and civil exposure. It provides detailed analysis of the legal and practical issues inherent in internal investigations, including: corporate and individual criminal liability; duties of officers and directors; conducting witness interviews; reviewing and tracking documents; grand jury and other government methods of gathering evidence; supervising experts and investigators; parallel proceedings; the attorney-client privilege and the work product doctrine; reports of investigation and their confidentiality; international investigations; and persuading prosecutors not to indict.

Corporate Internal Investigations keeps you current on developments under the Justice Department's revised “Dual and Successive Prosecution Policy” and “Leniency Policy for Individuals,” and introduces the Department's policy for “Federal Prosecution of Corporations,” including factors to weigh in charging a corporation. It also contains developments on using the Internet to conduct internal investigations and defend clients under criminal investigation.

Book #00620; looseleaf, one volume, 1,542 pages; published in 1993, updated as needed.
ISBN: 978-1-58852-059-3

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Available

Brand:
Law Journal Press

Product Type:
Books

Edition:
0

Page Count:
1542

ISBN:
978-1-58852-059-3

Pub#/SKU#:
00620

Volume(s):
1

Dan K. Webb

Mr. Webb is a partner in the law firm of Winston & Strawn where he concentrates in major commercial and corporate litigation and white collar criminal defense. Mr. Webb is the Chairman of the Firm's Litigation Department and serves on the Firm's Executive Committee. He served as the United States Attorney for the Northern District of Illinois from 1981 to 1985. Mr. Webb previously served as an Assistant U.S. Attorney for the Northern District of Illinois from 1970 to 1973 and served as the Chief of the Special Prosecutions Division in that office from 1973 to 1975. In 1990 he was appointed Assistant Independent Counsel and acted as Chief Trial Counsel in the Iran/Contra trial of former National Security Adviser John Poindexter. A member of the Illinois Bar since 1970, Mr. Webb is a Fellow of the American College of Trial Lawyers and a Fellow of the International Academy of Trial Lawyers. He is a graduate of Loyola University (Chicago) School of Law (J.D.).

Robert W. Tarun

Mr. Tarun is a partner in the Chicago and San Francisco offices of the law firm of Baker & McKenzie, where he concentrates in major commercial and corporate litigation, internal investigations, white collar criminal defense, and corporate compliance. Mr. Tarun previously served as an Assistant U.S. Attorney for the Northern District of Illinois (1976-1979), as a Deputy Chief of the Criminal Receiving and Appellate Division (1979-1982) and as the Executive Assistant U.S. Attorney (1982-1985) of that office. In 2012 he was appointed the first corporate antitrust monitor in U.S. history. A member of the Illinois and California Bars since 1974 and 1975 respectively, Mr. Tarun is a Fellow of the American College of Trial Lawyers, former chair of its Federal Criminal Procedure Committee and a past Regent for Illinois, Indiana, and Wisconsin (2003 to 2008). He was an Adjunct Professor at Northwestern University School of Law and a Lecturer in Law at the University of Chicago Law School where he taught “White Collar Criminal Practice” and “Business Litigation” from 2000 to 2005. He is also a graduate of Stanford University (B.A.), DePaul University College of Law (J.D.) and the University of Chicago (M.B.A.).

Steven F. Molo

Steven F. Molo is a partner in the law firm of MoloLamken LLP, a national litigation boutique. He represents individuals and companies in complex civil litigation and white collar criminal matters. He was admitted to the Illinois bar in 1982, the New York bar in 2004, and the bar of England and Wales in 2009. Prior to founding MoloLamken LLP, Mr. Molo was a partner in the New York office of Shearman & Sterling LLP and a partner and member of the executive committee of Winston & Strawn LLP. He began his career as a prosecutor in Chicago. Mr. Molo has served as an adjunct professor at Northwestern University School of Law and Loyola University (Chicago) School of Law, and is a member of the faculty of the National Institute for Trial Advocacy. He is a graduate of the University of Illinois College of Communications (B.S.) and the University Illinois College of Law (J.D.).

[1] Historical Development of Corporate Criminal Prosecutions
[2] The General Rule for Imposing Corporate Criminal Liability

§ 1.03 Imputing the Acts of Agents to the Corporation

[1] Directors, Managers and Employees as Agents of the Corporation
[2] Subsidiaries as Agents of the Corporation
[3] Independent Contractors as Agents of the Corporation

§ 1.04 Imputing Liability Through the Acts of the Organization as a Whole Rather than Through the Acts of a Particular Agent
§ 1.05 Liability of the Corporation for Employees Acting Contrary to Express Corporate Policy
§ 1.06 Personal Criminal Liability of the Corporation’s Agents: Officers and Directors, Managers, and Subordinate Employees

§ 1.07 The Special Problem of Criminal Liability for Injuries to Workers in the Workplace
§ 1.08 The Way in Which Corporate Criminal Liability Is Imposed: An Overview of the American Criminal Justice Process
§ 1.09 Sentencing of Corporations Convicted of Crimes
§ 1.10 Criminal Liability of Partnerships and Partners
§ 1.11 Trends in State Prosecutions of Corporations
§ 1.12 Trends in Federal Prosecutions of Corporate Executives and Corporations

CHAPTER 6
The Attorney-Client Privilege
§ 6.01 Introduction
§ 6.02 The Privilege
§ 6.03 The Rationale for the Privilege
§ 6.04 The Elements of the Privilege

[1] Identifying the Protected Communication
[2] The Requirement of Confidentiality
[3] Identifying the Client
[4] The Requirement that the Communication Be with an Attorney
[5] The Requirement that the Communication Be in Connection with the Rendering of Legal Advice or Assistance

[1] Materials
[2] Prepared in Anticipation of Litigation or of Trial
[3] By or for the Party to the Litigation or His Representative
[4] Substantial Need for the Materials in Question and an Inability to Obtain Substantially Equivalent Information Without Undue Hardship

CHAPTER 11
Reports of Investigation: Their Contents and Their Confidentiality
§ 11.01 Introduction
§ 11.02 The Need to Report
§ 11.03 Should the Report Be Oral or Written
§ 11.04 The Content and Presentation of Reports

[1] Written Report
[2] Oral Reports
[3] PowerPoint Presentations

§ 11.05 Whether to Retain Drafts and Notes
§ 11.06 Avoiding Liability for Defamation and Other Causes of Action Brought by Persons Named in the Report
§ 11.07 Whether Confidentiality Can Be Maintained After Selective Disclosure of a Report

[1] Assertion of the Privilege in a Later Proceeding After Waiver in an Earlier Proceeding
[2] The Impact on the Company of Employee Assertions of the Privilege
[3] The Government’s Duty to Provide Miranda Warnings in the Course of Administrative Questioning

§ 15.06 Responses of Corporate Clients to Government Status Notification
§ 15.07 The Initial Conference with the Government

[1] Preparation
[2] Client Attendance at Initial Conference with the Government
[3] Case Agent or Other Law Enforcement Officer Assigned to the Investigation
[4] Identification of Specific Areas of Inquiry
[5] Discussion of Ground Rules, Timetables, Requests for Continuances, and Other Housekeeping Matters
[6] Memorandum of Initial Conference
[7] Privileges

§ 15.08 Proffers

[1] Background
[2] Government Use of Proffers
[3] Oral and Written Proffers
[4] Proffer Preparation
[5] “Off the Record” Interviews

§ 15.09 Ongoing Negotiations with the Government

[1] Maintenance of Contact with Primary Prosecutor
[2] Memoranda of Meetings
[3] Conference with United States Attorney Before Indictment Decision Is Made